The Yale Law Journal

Jonathan M. Justl


Disastrously Misunderstood: Judicial Deference in the Japanese-American Cases

Jonathan M. Justl

119 Yale L.J. 270 (2009). 

This Note offers a new framework to evaluate judicial deference in cases reviewing government actions during national emergencies. Rejecting the conventional approach assessing deference as a matter of degree or as a condition present or not present, this Note offers a nu…